480-104CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480 -104
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE,
TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR
TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING
APPROXIMATELY A 0.49 ACRE TRACT OF LAND OUT OF THE HIRAM
GRANBERRY SURVEY, ABSTRACT NO. 581, A PORTION OF TRACT 5,
AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A"
FROM "AG" AGRICULTURAL TO 11 SF -1A" SINGLE FAMILY -lA
RESIDENTIAL DISTRICT SUBJECT TO THE SPECIFIC REQUIREMENTS
CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL
ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING
ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS
AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND
AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE
SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR
VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING
FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City of Southlake, Texas is a home rule City
acting under its Charter adopted by the electorate pursuant to
Article XI, Section 5 of the Texas Constitution and Chapter 9 of
the Texas Local Government Code; and,
WHEREAS, pursuant to Chapter 211 of the Local Government Code,
the City has the authority to adopt a comprehensive zoning
ordinance and map regulating the location and use of buildings,
other structures and land for business, industrial, residential and
other purposes, and to amend said ordinance and map for the purpose
of promoting the public health, safety, morals and general welfare,
all in accordance with a comprehensive plan; and
WHEREAS, the hereinafter described property is currently zoned
as "AG" Agricultural under the City's Comprehensive Zoning
Ordinance; and
WHEREAS, a change in the zoning classification of said
property was requested by a person or corporation having a
proprietary interest in said property; and
WHEREAS, the City Council of the City of Southlake, Texas, at
a public hearing called by the City Council did consider the
following factors in making a determination as to whether these
changes should be granted or denied: safety of the motoring public
and the pedestrians using the facilities in the area immediately
surrounding the sites; safety from fire hazards and damages; noise
producing elements and glare of the vehicular and stationary lights
and effect of such lights on established character of the
neighborhood; location, lighting and types of signs and relation of
signs to traffic control and adjacent property; street size and
adequacy of width for traffic reasonably expected to be generated
by the proposed use around the site and in the immediate
neighborhood; adequacy of parking as determined by requirements of
this ordinance for off - street parking facilities; location of
c: \ord \zoning \480.104
ingress and egress points for parking and off - street loading
spaces, and protection of public health by surfacing on all parking
areas to control dust; effect on the promotion of health ad the
general welfare; effect on light and air; effect on the over-
crowding of the land; effect on the concentration of population,
and effect on transportation, water, sewerage, schools, parks and
other public facilities; and,
WHEREAS, the City Council of the City of Southlake, Texas,
further considered among other things the character of the
districts and their peculiar suitability for particular uses and
the view to conserve the value of the buildings, and encourage the
most appropriate use of the land throughout this City; and,
WHEREAS, the City Council of the City of Southlake, Texas,
does find that there is a public necessity for the zoning changes,
that the public demands them, that the public interest clearly
requires the amendments, and that the zoning changes do not
unreasonably invade the rights of those who bought or improved
property with reference to the classification which existed at the
time their original investment was made; and,
WHEREAS, the City Council of the City of Southlake, Texas,
does find that the changes in zoning lessen the congestion in the
streets, helps secure safety from fire, panic, and other dangers,
promotes the health and the general welfare, provides adequate
light and air, prevents the over - crowding of land, avoids undue
concentration of population, and facilitates the adequate provision
of transportation, water, sewerage, schools, parks and other public
requirements; and,
WHEREAS, the City Council of the City of Southlake, Texas, has
determined that there is a necessity and need for the changes in
zoning and has also found and determined that there has been a
change in the conditions of the property surrounding and in close
proximity to the tract or tracts of land requested for a change
since the tract or tracts of land were originally classified and
therefore feels that the respective changes in zoning
classification for the tract or tracts of land are needed, are
called for, and are in the best interest of the public at large,
the citizens of the city of Southlake, Texas, and helps promote the
general health, safety and welfare of the community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS:
Section 1. That Ordinance No. 480, the Comprehensive
Zoning Ordinance of the City of Southlake, Texas, passed on the
19th day of September, 1989, as originally adopted and amended, is
hereby amended so that the permitted uses in the hereinafter
described areas be altered, changed and amended as shown and
described below:
Being approximately a 0.49 acre tract of land out of the
Hiram Granberry Survey, Abstract No. 581, and more fully
and completely described in Exhibit " A, " attached hereto
and incorporated herein.
c: \ord \zoning \480.104
From "AG" Agricultural to "SF -1A" Single Family-1A
Residential District.
Section 2. That the City Manager is hereby directed to
correct the Official Zoning map of the City of Southlake, Texas, to
reflect the herein changes in zoning.
Section 3. That in all other respects the use of the tract
or tracts of land herein above described shall be subject to all
the applicable regulations contained in said Zoning Ordinance and
all other applicable and pertinent ordinances for the City of
Southlake, Texas. All existing sections, subsections, paragraphs,
sentences, words, phrases and definitions of said Zoning Ordinance
are not amended hereby, but remain intact and are hereby ratified,
verified, and affirmed.
Section 4. That the zoning regulations and districts as
herein established have been made in accordance with the
comprehensive plan for the purpose of promoting the health, safety,
morals and the general welfare of the community. They have been
designed, with respect to both present conditions and the
conditions reasonably anticipated to exist in the foreseeable
future; to lessen congestion in the streets; to provide adequate
light and air; to prevent over - crowding of land; to avoid undue
concentration of population; and to facilitate the adequate
provision of transportation, water, sewerage, drainage and surface
water, parks and other commercial needs and development of the
community. They have been made after a full and complete hearing
with reasonable consideration among other things of the character
of the district and its peculiar suitability for the particular
uses and with a view of conserving the value of buildings and
encouraging the most appropriate use of land throughout the
community.
Section 5. That this ordinance shall be cumulative of all
other ordinances of the City of Southlake, Texas, affecting zoning
and shall not repeal any of the provisions of said ordinances
except in those instances where provisions of those ordinances are
in direct conflict with the provisions of this ordinance.
Section 6. That the terms and provisions of this ordinance
shall be deemed to be severable and that if the validity of the
zoning affecting any portion of the tract or tracts of land
described herein shall be declared to be invalid, the same shall
not affect the validity of the zoning of the balance of said tract
or tracts of land described herein.
Section 7. Any person, firm or corporation who violates,
disobeys, omits, neglects or refuses to comply with or who resists
the enforcement of any of the provisions of this ordinance shall be
fined not more than Two Thousand Dollars ($2,000.00) for each
offense. Each day that a violation is permitted to exist shall
constitute a separate offense.
Section 8. All rights and remedies of the City of
Southlake are expressly saved as to any and all violations of the
provisions of Ordinance No. 480, as amended, or any other
ordinances affecting zoning which have accrued at the time of the
c: \ord \zoning \480.104
effective date of this ordinance; and, as to such accrued
violations and all pending litigation, both civil and criminal,
whether pending in court or not, under such ordinances, same shall
not be affected by this ordinance but may be prosecuted until final
disposition by the courts.
Section 9. The City Secretary of the City of Southlake is
hereby directed to publish the proposed ordinance or its caption
and penalty together with a notice setting out the time and place
for a public hearing thereon at least ten (10) days before the
second reading of this ordinance, and if this ordinance provides
for the imposition of any penalty, fine or forfeiture for any
violation of any of its provisions, then the City Secretary shall
additionally publish this ordinance in the official City newspaper
one time within ten (10) days after passage of this ordinance, as
required by Section 3.13 of the Charter of the City of Southlake.
Section 10. This ordinance shall be in full force and
effect from and after its passage and publication as required by
law, and it is so ordained.
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on the 1st reading the py1 day of
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APPROVED on the
19 9 4 _— .Mteu.. -
S .�;lol4
o .
APPROVED AS TO FORM AND LEGALITY:
WTIMAMN
CITY ATTORNEY
DATE.
ADOPTE
EFFECTIVE.
c: \ord \zoning \480.104
.
ATTEST:
h* x
ITY SECRETARY
2nd reading e day of
'nA YOR
ATTEST:
WITY-SECRET
EXHIBIT "A"
c: \ord \zoning \480.104
EXHIBIT "A"
Metes and bounds description follows:
BEGINNING at an iron pin at the northwost corner of Tract No. 4, of THE
GLARY PLACE, an Addition to the City of Gouthlake, Tarrant County,
Texas, according to the plat recorded in Volume 388 -145, Page 85, Plat
Records, Tarrant County, Texasl
THENCE N 00 12' 47" E, 153.4 fact to an iron pin for cornort
THENCE Eaet, 140.0 foot to an iron pin at the northwest corner of Tract
No. 3 of THE GLARY PLACE, according to plat recorded in Volume 388 -126,
Page 9, Plat Records, Tarrant County, Texasl
THENCE 6 00 12' 47" W, 153.4 foot to an iron pin at tho northeast cor-
ner of the above reference Tract No. 41
THENCE Went 140.0 feet to the PLACE OF BEGINNING and containing n.49 acres
of land.
c: \ord \zoning \480.104
tort Worth atar=lelegram
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102
.-
STATE OF TEXAS
111111
ty of Tarrant
Before me, a Notary Public in and for said County and State, this day
personally appeared PENNY GRAY Billing Specialist for the Fort Worth
Star-Telegram, published by the Star-Telegram Inc . at Fort Worth , in Tarrant
County, Texas ; and who, after being duly sworn , did depose and say that the
following clipping of an advertisement was published in the above named
paper on the following dates:
DATE AD INVOICE NO. DESCRIPTION AD SIZE roTAL RATE AMOUNT
JAN 07 2603166 CL . 358 1X79 L 79 . 46 36. 34
jan7
P. O. # 0RD 480-104
CITY OF SOUTHLAKE,
TEXAS
ORDINANCE NO.480-104
AN ORDINANCE AMEND-
. ING ORDINANCE NO. 480,
AS AMENDED,THE COM-
-- PREHEN-
SIVE ZONING ORDINANCE
OF THE CITY OF SOUTH-
ZNCHAEA AO TEXAS,
ON
CERTAIN TRACT OR
TRACTS OF LAND WITHIN
THE CITY OF SOUTH-
LAKE TEAXS BEING AP
PROXIMATELY A 0.49
ACRE TRACT OF LAND
OUT OF THE HIRAM
ABSTRACT NO.581,A POR- E,
TION OF TRACT 5 AND
SUBSCRIBED AF'D SWORN T iTar E FULLY AND COM- THIS THE 7th D Y OF N. , 19
• ALETELYRICUL DESCRIBEDALTO IN NOTARY PUBLIC VIA_ rEXHIBIT"A"FROM"AG" (C/
AGRICULTURAL IN i
r12 1A" SINGLE FAMILY - 1A
SF-
ANY POs41 RESIDENTIAL DISTRICT
Al" .�4 SUBJECT TO THE SPECIF-
' '':r'1 IC REQUIREMENTS CON- TARRANT COL N i , TEXAS
_.. f :�/.�„ TAINED IN THIS ORDI- -.
4 • , NANCE CORRECTING
ii-A, THE OFFICIAL ZONING
y1H oc_y,•F OTHER PORTION OF ALL
_..... ._ ZONING ORDINANCE;DE. _... _ _...
TERMINING THAT THE
PUBLIC INTEREST,MOR-
ALS AND GENERAL WEL-
FARE DEMAND THE ZON-
ING CHANGES AND _... _...
AMENDMENTS HEREIN
MADE PROVIDING THAT
THIS ORDINANCE SHALL
BE CUMULATIVE OF ALL
ORDINANCES PROVID-
INGTEAR ALONG THI USE;PROVIDING FOR ETURN THE LOWER PORTION WITH YOUR PAYMENT
• A PENALTY FOR VIOLA-
TIONS HEREOF; PROVID-
ING A SAVINGS CLAUSE;
PROVIDING FOR PUBLI-
CATION IN THE OFFICIAL REMIT TO : 400 W . SEVENTH, FW, TX 76102
V DING ANEEFFECT VE
DATE. 1
Fortlif9rthSta 'resistston Any person,torcementofa y , 4�7�4�?9 VXXXKXXXXXXX X DQ1-2051
corporation who violates,di-
sobeys,omits,neglects or re-
r■fuses to comply with firm
who I
resistst comply with r any `
260 of the provisionsal bof this more
ACCOUNT C I T 5 7 AMOUNT
36. 34
Hance shall be fined not moreNUMBERthan Two Thousand Dollars
LS7,000.00) for each offense.
Each day that a violation is
permittedtoexistshallconsti- 1
tute a separate offense.
PASSED AND APPROVED
IN SECOND READING BY
THE CITY CONCIL, tHIS
THE 4TH DAY OF JANU-
AR Y 1994.
GARY FICKES,
MAJOR OF SOUTHALKE
ATTEST:
SANDRA L.LEGRAND,
CITY SECRETARY
APPROVED AS TO FORM:
WAYNE K.OLSON
CITY ATTORNEY
• CITY OF SOUTHLAKE
667 N CARROLL AVE 36 . 34
SOUTHLAKE TX 76092-9595 PLEASE PAY ,
THIS AMOUNT
ATTN :
PLEASE WRITE IN AMOUNT ENCLOSED
Fort Worth Star-Telegram
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102
THE STATE OF TEXAS
ty of Tarrant
0111
ore me , a Notary Public in and for said County and State , this day
personally appeared PENNY GRAY Billing Specialist for the Fort Worth
Star-Telegram, published by the Star-Telegram Inc . at Fort Worth , in Tarrant
County, Texas ; and who , after being duly sworn, did depose and say that the
following clipping of an advertisement was published in the above named
paper on the following dates :
NOTICE OF PUBLIC
HEARING
NOTICE IS HEREBY GIV- -
EN TO ALL INTERESTED AD SIZE CI RATE AMOUNT
DATE AD INVOICE NO. PERSONS thattheCltyCoun-
INCH
,LINE
CCII of the City of Southlake EC 26 2518804 aL . 358 Iexas,will beholding apgublic 1X79 L 79
hearing ICoudcil nmeetingRgefo Regular
7 0 J • .i 0
Dec. 26 heldon January 41994,be in-
mina at 7:00 .m.the meeting _..
will be held in the City Councli
Chambers of City Hall, 667
lake,h Texas liThe ouer000setof
thepublic hearing is toconsid-
` er the following ordinance:
CITY OF SOUTHLAKE,
S
ORDINANCE NO.480-104
AN ORDINANCE AMEND-
ING ORDINANCE NO. 480,
AS AMENDED THE COM-
PREHENSIVEfONINGOR-
SSOUTNHLAKEHETEXASF
GRANTING A ZONING
CHANGE ON A CERTAIN
TRACT OR TRACTS OF
LAND WITHIN THE CITY
F SOUTHLAKE TEXAS
EINGAPPROXIMATELY LED
(3.31_, Is
SUBSC,IBED AND SWORN T LANDOVTOFTHEHIRA°nn'THIS THE 27th DEC.6124-141613
qGRANBERRY SURVEY, AY Akd
1:3A-6--"--• MOREF TNO.581 APOR- �
TION OF TRACT'5, ANDNOTARY PUBLI !r/-_
f MOORE FULLY AND DIN
' ' • yip PLETELY DESCRIBED IN
L EXHIBIT'A"FROM'AG"
,, �/1,� AGRICULTURAL TO "SF-
4 „$ 1A" SINGLE FAMILY-tA TARRANT COON Y, TEXAS
ti.3., �\-': S ESIDENTIAL DISTRICT
tih``h:`F=*t.. IC RJEQUIRMENTS CON-
TAINED IN THIS ORDI-
NANCE,- CORRECTING
THE OFICIAL ZONING
MARL PRESERVING ALL
ZONING ORDINANCCE;
DE-
TERMINING THAT THE
PUBLIC INTEREST,MOR-
ALS AND GENERAL WEL-
FARE DEMAND THE ZON-
ING CHANGES AND
AMENDMENTS HEREIN
NtAN
THISE•ORDINANCE SHALL
TEAR ALONG b RETURN THE LOWER PORTION WITH YOUR PAYMENTTh
OE CUMULATIVE OF ALL
c RDINANCES• PROVID-
ING A SEVEIRABILITY
LAUSE;PROVIDING FOR
IONSAL Y FOR VIO A- REMIT TO : 400 W . SEVENTH , FW, TX 76102
PROVID-
ING A SAVINGS CLAUSE;
CA LOpIN PROVIDING TH FOR
FFICIAAL�-
NI WNPAPER AND PRO. XX �1f h�IT if7; t0 �.�. Sud1G.1v�iORT;p/BF�T}J J�(A$76101-2051
FortWorthDATE. AN �FFECTIVtdPATE.�a%Sandra L LeeG(and s dIll ACCOUNT AMOUNT
City Secretary NUMBER C I T 5 7 DUE 55. 30
I 1
PAGE OF
CITY OF SOUTHLAKE
• 667 N CARROLL AVE
SOUTHLAKE TX 76092-9595 (PLEASEPAY 55. 30
A T T N . THIS AMOUNT ,
PLEASE WRITE IN AMOUNT ENCLOSED